Docket No: 5614-20 Ref: Signature Date From: Chairman, Board for Correction of Naval Records To: Secretary of the Navy Subj: REVIEW OF NAVAL RECORD OF FORMER , USN, XXX-XX Ref: (a) 10 U.S.C. 1552 (b) 10 U.S.C. 654 (Repeal) (c) UNSECDEF Memo OF 20 Sep 11 (Correction of Military Record following Repeal of U.S.C. 654) Encl: (1) DD Form 149 (2) Naval record (excerpts) 1. Pursuant to the provisions of reference (a), Subject, hereinafter referred to as Petitioner, filed enclosure (1) with the Board for Correction of Naval Records (Board), requesting that his naval record be corrected. Petitioner requests adjustment of his Certificate of Release or discharge from Active Duty (DD Form 214), specifically, his characterization of service to honorable, reason for discharge to secretarial authority, separation code to JFF, and reentry code to RE-1J. Enclosure (2) applies. 2. The Board consisting of reviewed Petitioner’s allegations of error and injustice on 2 December 2020 and, pursuant to its regulations, determined that the corrective action indicated below should be taken. Documentary material considered by the Board consisted of Petitioner’s application together with all material submitted in support thereof, relevant portions of Petitioner’s naval record, and applicable statutes, regulations, and policies, to include the 25 July 2018 guidance from the Under Secretary of Defense for Personnel and Readiness regarding equity, injustice or clemency determinations (Wilkie Memo). 3. The Board, having reviewed all the facts of record pertaining to Petitioner's allegations of error and injustice finds as follows: a. Before applying to this Board, Petitioner exhausted all administrative remedies available under existing law and regulations within the Department of the Navy. b. Although enclosure (1) was not filed in a timely manner, it is in the interest of justice to review the application on its merits. c. Petitioner enlisted in the Navy and began a period of active service on 27 July 1982. On 30 November 1982, Petitioner was counseled regarding a positive urinalysis on 23 July 1982 for marijuana use, and notified that further misconduct may result in administrative separation. On 7 December 1982, Petitioner submitted a sworn statement admitting to the commission of homosexual acts. On 14 December 1982, Petitioner received non-judicial punishment for unauthorized absence (UA) for the period beginning on 2 December 1982 until his surrender on 6 December 1982. Petitioner was counseled regarding frequent involvement of a discreditable nature with military and/or civilian authorities, however the document is undated. On 3 January 1983, Petitioner was notified of the initiation of administrative separation proceedings by reason of misconduct due to fraudulent enlistment, and homosexuality; at which point, Petitioner waived his right to consult with counsel, and a hearing before an administrative discharge board. On 21 January 1983, Petitioner’s commanding officer forwarded his package recommending discharge with a general characterization of service by reason of homosexuality. On 3 February 1983, the discharge authority approved and directed discharge. Petitioner was discharged on 14 February 1983, with a general characterization of service by reason of homosexuality. d. References (b) and (c) set forth the Department of the Navy's current policies, standards, and procedures for correction of military records following the “don’t ask, don’t tell” (DADT) repeal of 10 U.S.C. 654. It provides service Discharge Review Boards with the guidance to grant requests to change the characterization of service to “honorable,” narrative reason for discharge to “secretarial authority,” SPD code to “JFF,” and reentry code to “RE-1J,” when the original discharge was based solely on DADT or a similar policy in place prior to enactment of it and there are no aggravating factors in the record, such as misconduct. e. Petitioner contends that in December 1982, he was seen by a fellow service member entering a LGBT establishment. Petitioner contends once his sexual orientation was discovered he feared he would experience ridicule and physical violence which resulted in his period of UA. Petitioner contends upon his return from UA, he admitted to the commission of homosexual acts. CONCLUSION: The Board noted aggravating factors of misconduct in the Petitioner’s record. The Board considered the Petitioner’s contention that his UA was caused by his fear of physical violence once his sexual orientation was discovered. The Board determined these circumstances mitigated Petitioner’s minor misconduct. Further, the Board noted the discharge authority approved Petitioner’s reason for separation as homosexuality. Upon review and consideration of all the evidence of record, and especially in light of references (b) and (c), the Board concluded as a matter of justice the Petitioner’s request warrants relief. In this regard, the Board noted current Department of the Navy policy. In view of the above, the Board directs the following corrective action. RECOMMENDATION: That Petitioner be issued a new Certificate of Release or Discharge from Active Duty (DD Form 214) indicating an “honorable” characterization of service, “secretarial authority” narrative reason for separation, “RE-1J” reenlistment code, “JFF” separation code, and “MILPERSMAN 1910-164” separation authority. That a copy of this report of proceedings be filed in Petitioner’s naval record. 4. It is certified that a quorum was present at the Board's review and deliberations, and that the foregoing is a true and complete record of the Board's proceedings in the above entitled matter. 5. Pursuant to the delegation of authority set out in Section 6(e) of the revised Procedures of the Board for Correction of Naval Records (32 Code of Federal Regulation, Section 723.6(e)) and having assured compliance with its provisions, it is hereby announced that the foregoing corrective action, taken under the authority of reference (a), has been approved by the Board on behalf of the Secretary of the Navy.